How can unexpected properties of an end product establish patentability of an intermediate?
MPEP 716.02(b) addresses how unexpected properties of an end product can support the patentability of an intermediate:
“The patentability of an intermediate may be established by unexpected properties of an end product ‘when one of ordinary skill in the art would reasonably ascribe to a claimed intermediate the ‘contributing cause’ for such an unexpectedly superior activity or property.'”
This means that if an intermediate compound leads to an end product with unexpected and superior properties, the intermediate itself may be patentable. However, there must be a clear nexus between the intermediate and the unexpected properties of the end product. The applicant must demonstrate that the intermediate is the ‘contributing cause’ of the end product’s superior characteristics.
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